Attorneys' Response - City of Virginia Beach PDF

## RESPONSE IN OPPOSITION TO FRIDAY MOTION HEARING REQUEST AND UNDERLYING PLEADING - The Plaintiff, City of Virginia Beach, opposes the hearing request and underlying pleading filed by Defendant, Darlene Gregory. - The Defendant failed to properly coordinate the hearing date of Friday, September 27,...

## RESPONSE IN OPPOSITION TO FRIDAY MOTION HEARING REQUEST AND UNDERLYING PLEADING - The Plaintiff, City of Virginia Beach, opposes the hearing request and underlying pleading filed by Defendant, Darlene Gregory. - The Defendant failed to properly coordinate the hearing date of Friday, September 27, 2024. - The Plaintiff's counsel has a pre-existing commitment on September 27, 2024, at 10 a.m., as counsel is scheduled to attend nine (9) hearings for Motions to Authorize Sale in Portsmouth Circuit Court. - The Defendant's failure to clear the hearing date is improper under the Rules of the Supreme Court of Virginia. - The Defendant's claim that she was not properly served is unsubstantiated. On February 3, 2022, the Defendant was served via Personal Service at 1031 Owls Creek Lane. - A copy of the return of service has been attached as Exhibit A. - The Defendant subsequently filed an answer and received timely notice of all subsequent pleadings and hearings. - Therefore, the Defendant's remarks regarding improper service of process are baseless. - Counsel for the Plaintiff requires additional time to research and address the legal issues presented by the Defendant. - The Plaintiff contends that the Defendant has already been granted three years of retroactive tax exemptions, which is the maximum allowed by law; accordingly, any further retroactive tax relief is time-barred. - For the reasons set forth, the Plaintiff respectfully requests that the Court deny the Defendant's hearing request as well as the Defendant's underlying pleading. ## CITY OF VIRGINIA BEACH - Counsel: Jason A. Dunn, Esq. (VSB No.: 68117) - Jason A. Dunn, PLC - 303 34th Street, Unit 6, Virginia Beach, VA 23451 - Telephone: (757) 937-0872 - Fax: (757) 937-2336 - Email: [email protected] ## CERTIFICATE OF SERVICE - The Plaintiff, City of Virginia Beach, certifies that on this 26th day of September, 2024, they served a true copy of the foregoing upon the following counsel of record: - Darlene Gregory - 1031 Owls Creek Lane - Virginia Beach, Virginia 23451 - Jamison Rasberry, Esq. - 1023 Laskin Road #101 - Virginia Beach, Virginia 23451 - Guardian Ad Litem - Matthew W. Tiffany, Esq. VSB #37284 - Tiffany & Brown - 770 Independence Circle - Virginia Beach, Virginia 23455 - Telephone: (757) 497-1449 - Facsimile: (757) 497-1867 - [email protected] - Louis R. Richman, Esq. VSB #46426 - Sentara Healthcare - 824 N. Military Hwy, Ste. 100 - Norfolk, Virginia 23502 - Phone: 757-233-4913 - Fax: 757-470-5619